Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, and 9-11 and 12-13, 15-16 and 19-20 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of United States Pub. Patent Application No.: US 2006/0149322 A1 to Merry et al. that was published in 2006 (hereinafter “Merry”) and in further in view of United States Patent Application Pub. NO.: US 2015/0178457Al to Grimley that was filed in 2012.
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In regard to claim 1, and 12, Merry discloses “...1. A system for providing a mental health therapy treatment, the system comprising:
a display;
at least one electronic device configured to provide a stimulus;
at least one processor; and(see paragraphs 125 where the locations of the defibrillators A, B and G are stored with the time data points and the abstract) (see element 100 in FIG. 23 that communicates with the server and device in elements 2040 and 2060) (see hospital 77 and paragraph 9-12 and 125) (see paragraphs 9-12 and paragraph 78 where each is shown with the location information derived from a reader or a GPS device) (see paragraphs 125 where the locations of the defibrillators A, B and G are stored with the time data points and the abstract)
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Merry is silent as to but Grimely teaches “ at least one memory including computer program code;
the at least one memory and the computer program code configured to, with the at least
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one processor, cause the system to perform operations comprising:
displaying, on the display, a graphical user interface (GUI) having a plurality of
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selectable icons configured to manipulate the at least one electronic device; and
initiating the at least one electronic device to deliver a stimulus associated with the electronic device”. ( see paragraph 42 and FIG 24-25 where the patient is shown in an emergency location via an icon and in FIG. 25 he is on a highway and in paragraph 78 and paragraph 88 where the location of the cell phone and the defibrillation devices are provided for the multiple users and FIG. 29 and claims 1 -9; see paragraph 42-47 and data 302; see also paragraph 89-82 where the doctor on the cell phone display 1900 can depress 1910 to 1920 to show the airway video, CPR video audition and data and ROSC data and in FIG. 21 the doctor can see when the pads are on or off and the time stamp as 1800 and then preview the data 1810-1820) {see paragraph 88 where the location of the cell phone and the defibrillation devices are provided for the multiple users and FIG. 29 and claims 1-9; see also paragraph 89-82 where the doctor on the cell phone display 1900 can depress 1910 to 1920 to show the airway video, CPR video audition and data and ROSC data and in FIG. 21 the doctor can see when the pads are on or off and the time stamp as 1800 and then preview the data 1810-1820)
It would have been obvious for one of ordinary skill in the art at the lime the invention was made to combine the teachings of Grimley with the disclosure of Merry with a reasonable expectation of success since Grimley teaches that safety may be improved by determining a location of the medical device cell phone. Then from the patient data the cell phone can receive data and then collect this data 302 and provide this data to a remote location and a server. Video and medical data can be provided al the location of the individual having a medical emergency and this can be used for remote medical participants to help with the medical treatment from remote professionals. For example, a doctor in a remote location using only a cell phone can control the life saving device to shock
In regard to claim 2, and 13, Barash teaches “...2. The system of claim 1, wherein the performed operations further comprise monitoring a patient receiving the stimulus from the at least one electronic device”. (see FIG. 5 element 506 where a victim is located at a mapped location and a lay responder can be located in the circle 502 and a number of selected responders are shown as 508-156 and where some of the selected responders include an EKG device for a predictive diagnosis when they arrive at the victim; see paragraph 180-187 and 136-144)
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of Barash with the disclosure of Merry with a reasonable expectation of success since Barash teaches that safety may be improved by determining a location of the medical device and a location of the individual having a medical emergency and then transmitting that information to a mobile device 110. The mobile device may display the map 124 for the user's handheld device. The user may then determine that the person is having an issue and then speak to the person easily by depressing a touchscreen button 112 and then determine their own location and the location of the emergency and then can proceed to that location if able to save a life. See abstract.
In regard to claim 3, and 15, Barash teaches “...3. The system of claim 1, wherein the performed operations further comprise analyzing a response of a patient that received the stimulus from the at least one electronic device. . (see FIG. 5 element 506 where a victim is located at a mapped location and a lay responder can be located in the circle 502 and a number of selected responders are shown as 508-156 and where some of the selected responders include an EKG device for a predictive diagnosis when they arrive at the victim; see paragraph 180-187 and 136-144)
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of Barash with the disclosure of Merry with a reasonable expectation of success since Barash teaches that safety may be improved by determining a location of the medical device and a location of the individual having a medical emergency and then transmitting that information to a mobile device 110. The mobile device may display the map 124 for the user's handheld device. The user may then determine that the person is having an issue and then speak to the person easily by depressing a touchscreen button 112 and then determine their own location and the location of the emergency and then can proceed to that location if able to save a life. See abstract.
In regard to claim 4, and 16, Barash teaches “...4. The system of claim 3, wherein the performed operations further comprise adjusting the delivered stimulus based on the response from the patient. (see FIG. 5 element 506 where a victim is located at a mapped location and a lay responder can be located in the circle 502 and a number of selected responders are shown as 508-156 and where some of the selected responders include an EKG device for a predictive diagnosis when they arrive at the victim; see paragraph 180-187 and 136-144)
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of Barash with the disclosure of Merry with a reasonable expectation of success since Barash teaches that safety may be improved by determining a location of the medical device and a location of the individual having a medical emergency and then transmitting that information to a mobile device 110. The mobile device may display the map 124 for the user's handheld device. The user may then determine that the person is having an issue and then speak to the person easily by depressing a touchscreen button 112 and then determine their own location and the location of the emergency and then can proceed to that location if able to save a life. See abstract.
Claims 5-8 and 14 and 17-18 are rejected under 35 U.S.C. sec. 103 as being unpatentable as obvious in view of United States Pub. Patent Application No.: US 2006/0149322 A1 to Merry et al. that was published in 2006 (hereinafter “Merry”) and in further in view of United States Patent Application Pub. NO.: US 2015/0178457Al to Grimley that was filed in 2012 and in view of U.S. Patent No.: 9480812 B1 to Thompson that was filed in 2009.
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In regard to claim 5, and 17, Thompson teaches “...5. The system of claim 1, wherein the selectable icons are configured to control at least one
of sound, frequency, tones, volume, visual stimulations, auditory stimulations, or any
combination thereof”. (see Fig. 1 and claims 1--8 where the use can include googles and headphones and to provide an audio and visual stimulation to provide a neurostimulation to the wearer).
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of THOMPSON with the disclosure of Merry with a reasonable expectation of success since THOMPSON teaches that safety may be improved by providing a set of googles and a set of headphones and a wrist sensor. The user may be provided with light patterns and sound patterns to calm the nervous system to provide a homeostasis to the subject. See claims 1-8 and paragraphs 1-20.
In regard to claim 6, and 18, Thompson teaches “...6. The system of claim 1, wherein the stimulus comprises at least one of light, sound, volume variation, images, tactile objects, or any combination thereof. (see Fig. 1 and claims 1--8 where the use can include googles and headphones and to provide an audio and visual stimulation to provide a neurostimulation to the wearer).
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of THOMPSON with the disclosure of Merry with a reasonable expectation of success since THOMPSON teaches that safety may be improved by providing a set of googles and a set of headphones and a wrist sensor. The user may be provided with light patterns and sound patterns to calm the nervous system to provide a homeostasis to the subject. See claims 1-8 and paragraphs 1-20.
Thompson teaches “...7. The system of claim 1, wherein the at least one electronic device includes at least one of headphones, light bar, tactile objects, or any combination thereof. (see Fig. 1 and claims 1--8 where the use can include googles and headphones and to provide an audio and visual stimulation to provide a neurostimulation to the wearer).
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of THOMPSON with the disclosure of Merry with a reasonable expectation of success since THOMPSON teaches that safety may be improved by providing a set of googles and a set of headphones and a wrist sensor. The user may be provided with light patterns and sound patterns to calm the nervous system to provide a homeostasis to the subject. See claims 1-8 and paragraphs 1-20.
In regard to claim 8, and 14, Thompson teaches “..8. The system of claim 1, wherein the at least one electronic device includes at least one of a
blood pressure sensor, heart rate sensor, breathing rate sensor, body temperature sensor, or any
combination thereof. (see wrist sensor that can detect a heart rate; As illustrated in FIG. 1, an embodiment of a multi-functional RT-HRV 10 may include, for example, two wrist sensors 12 that may be attached to the wrists of a user or subject 5 with cloth elastic bands, as known in the art. These sensors 12 detect the heart rate of the subject and connect to an ANS monitoring component or interface 14. As known in the art, the interface 14 processes the signal data received from the sensors 12 to generate corresponding heart rate data. The interface 14, in turn, may connect to computing system 20, such as through a USB interface, to provide the heart rate data to the computer. The computer includes a central processing unit (CPU) 22 coupled to memory 24, as known in the art. The memory 24 includes a computer program 26 executable by the CPU to perform various steps that processes the heart rate data, as discussed herein. Any suitable method may be employed to create the computer program, which should be well within the skill of one of ordinary skill after reading the following description. It will be further appreciated that in the methods enumerated below, computer system 20 may include one or more CPUs 22 with a corresponding memory 24, with each CPU 22/memory 24 configuration potentially handling a separate task, steps, or sub-routines to practice the embodiment methods. For example, one CPU 22 and memory 24 sub-system may be dedicated solely to generating SNS and PSNS data and being physically located within the interface 14, submitting the SNS and PSNS data to another CPU 22 and memory 24 sub-system that processes such data to perform the bio-feedback and monitoring methods discussed in the following while providing corresponding output on display 30. Other variations are certainly possible, and such variations and multi-processor computing systems, or networked computing systems, are well-known in the art and may be successfully employed in this concept. For ease of description all of these variations are generally lumped together and broadly referenced as computing system 20. More generally still, it will be appreciated that many of the components of not only computer system 20 but of the other components in system 10 may be networked together over a local area network, wide area network, or both. For example, the ANS monitoring component 14 may be remotely positioned together with the subject and one or more frequency application devices 40, which are all coupled to the computer system 20 via, for example, a wide area network (WAN) or a local area network (LAN). )
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of THOMPSON with the disclosure of Merry with a reasonable expectation of success since THOMPSON teaches that safety may be improved by providing a set of googles and a set of headphones and a wrist sensor. The user may be provided with light patterns and sound patterns to calm the nervous system to provide a homeostasis to the subject. See claims 1-8 and paragraphs 1-20.
In regard to claim 9, and 19, Barash teaches “...9. The system of claim 1, wherein the at least one electronic device is communicatively coupled to the processor by wired or wireless connection. (see paragraph 9)”.
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of Barash with the disclosure of Merry with a reasonable expectation of success since Barash teaches that safety may be improved by determining a location of the medical device and a location of the individual having a medical emergency and then transmitting that information to a mobile device 110. The mobile device may display the map 124 for the user's handheld device. The user may then determine that the person is having an issue and then speak to the person easily by depressing a touchscreen button 112 and then determine their own location and the location of the emergency and then can proceed to that location if able to save a life. See abstract.
In regard to claim 10, and 20, Barash teaches “...10. The system of claim 1, wherein the system is configured as a web-based application or
software application operating on a computer system or mobile device including desktops,
laptops, cell phones, portable tablets. (see paragraph 15)
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of Barash with the disclosure of Merry with a reasonable expectation of success since Barash teaches that safety may be improved by determining a location of the medical device and a location of the individual having a medical emergency and then transmitting that information to a mobile device 110. The mobile device may display the map 124 for the user's handheld device. The user may then determine that the person is having an issue and then speak to the person easily by depressing a touchscreen button 112 and then determine their own location and the location of the emergency and then can proceed to that location if able to save a life. See abstract.
Barash teaches “..11. The system of claim 10, wherein the system is coupled to at least one external electronic device. (see paragraph 15)
It would have been obvious for one of ordinary skill in the art at the time the invention was made to combine the teachings of Barash with the disclosure of Merry with a reasonable expectation of success since Barash teaches that safety may be improved by determining a location of the medical device and a location of the individual having a medical emergency and then transmitting that information to a mobile device 110. The mobile device may display the map 124 for the user's handheld device. The user may then determine that the person is having an issue and then speak to the person easily by depressing a touchscreen button 112 and then determine their own location and the location of the emergency and then can proceed to that location if able to save a life. See abstract.
Claims 1 and 12 are rejected under 35 U.S.C. sec. 102(a)(2) as being anticipated by United States Pub. Patent Application No.: US 20230404466 A1 to Poltorack
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POLTORACK discloses “...1. A system for providing a mental health therapy treatment, the system comprising:
a display;
at least one electronic device configured to provide a stimulus;
at least one processor; and(see claims 1-13)
“ at least one memory including computer program code;
the at least one memory and the computer program code configured to, with the at least
one processor, cause the system to perform operations comprising:
displaying, on the display, a graphical user interface (GUI) having a plurality of
selectable icons configured to manipulate the at least one electronic device; and
initiating the at least one electronic device to deliver a stimulus associated with the electronic device”. ( see paragraph 26, 15, 80-85 and 497 and claim 1-13).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN PAUL CASS whose telephone number is (571)270-1934. The examiner can normally be reached Monday to Friday 7 am to 7 pm; Saturday 10 am to 12 noon.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott A. Browne can be reached at 571-270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEAN PAUL CASS/Primary Examiner, Art Unit 3666